Serving notices - what are service times and notice periods?

For most people, sending notices via email is the easiest way to serve notice but there are a few things you need to consider when you do this.

1. Use the designated email address: Make sure to send the notice to the email address listed as an additional service address in the tenancy agreement.

2. Allow time for delivery: Remember that the recipient isn't notified until they receive the email. So, give it enough time to reach them. This is called the "service time".

3. The 5pm cut-off: If you send the email after 5 pm, it's considered received the next working day. If sent before 5 pm, it's considered received on the same day.

   When sending notice via email, be careful not to get tripped up by the 5pm cut-off. If you send notice on Friday at 6pm, it won't be considered received until the following Monday (the next working day). The same applies for days before public holidays.

4. Working days only: Notices sent on weekends or public holidays are not considered received until the next working day.

5. Notice period starts: Day 1 of a notice period is the day after the notice was received. Notice periods can start any day (weekends and public holidays too). If notice is given on Thursday 6pm, the notice will be considered received Friday and day 1 of the notice period will be Saturday.

6. Keep documentation: Keep records of all correspondence and proofs of delivery. This helps if there are any disputes or delays.

7. Consider multiple communication methods: If possible, use multiple methods to serve notice. You can send the notice via email and also call the recipient to inform them about the notice and discuss any other tenancy matters.

8. Family violence withdrawals: If you're withdrawing from a tenancy due to family violence, the notice period may be different. The notice is considered received when it's posted or delivered, and the notice period starts the following day. Include evidence of the family violence in the notice.